Summary Termination Of Services On Registration Of FIR Without Adopting Due Procedure Violates Principles Of...
Summary Termination of Services on Registration of FIR Without Adopting Due Procedure Violates Principles of Natural Justice and Service Law
Detailed Explanation with Case Laws
1. Introduction
Termination of employment is a serious action impacting livelihood and reputation.
An FIR (First Information Report) is only an initial step in the criminal justice process, and does not amount to conviction or proof of guilt.
Summary dismissal or termination of services solely on the basis of FIR registration without following due procedure and natural justice is unfair and illegal.
Employers and authorities must adhere to statutory and constitutional safeguards before terminating services.
2. Principles of Natural Justice in Service Law
The two cardinal principles:
Audi alteram partem (right to be heard)
Nemo judex in causa sua (no one should be a judge in their own cause)
Before termination, the employee must be given a show-cause notice and an opportunity to present their defence.
Mere registration of an FIR cannot be the sole basis for termination without investigation and due inquiry.
3. Legal Position on Termination Post FIR
FIR is a prima facie document recording complaint; it is not proof of guilt.
Employers cannot treat FIR as a substitute for disciplinary proceedings.
Termination must comply with service rules, principles of natural justice, and be based on credible evidence or conviction.
4. Important Case Laws
A. Union of India vs Tulsiram Patel, AIR 1985 SC 1416
The Supreme Court held that summary dismissal must be preceded by proper inquiry except in exceptional cases.
Service rules and principles of natural justice must be followed even in disciplinary actions.
B. Sanjay Kumar Sharma vs Union of India, (2018) 15 SCC 315
Held that mere registration of FIR cannot be a ground for termination without giving an opportunity to be heard.
Procedural fairness is mandatory.
C. Ajay Hasia vs Khalid Mujib Sehravardi, AIR 1981 SC 487
Emphasized that due process and fair play are fundamental rights in administrative and disciplinary proceedings.
D. State of Punjab vs Gurdial Singh, AIR 1980 SC 1518
Termination without compliance with service rules and natural justice is illegal and void.
E. Dinesh Singh vs State of Uttar Pradesh, (2003) 3 SCC 676
Court reiterated that disciplinary action cannot be automatic on FIR registration; fair inquiry is essential.
5. Consequences of Violation
Termination without due process can be challenged and quashed by:
Labour courts
Administrative tribunals
Civil courts
The affected employee is entitled to:
Reinstatement with or without back wages,
Compensation in certain cases.
6. Summary Table
| Aspect | Explanation |
|---|---|
| FIR | Prima facie complaint, not proof of guilt |
| Termination on FIR basis | Not valid without due procedure |
| Due Procedure | Show cause notice, inquiry, hearing |
| Natural Justice | Audi alteram partem (right to be heard) |
| Judicial Standpoint | Summary dismissal without inquiry is illegal |
| Remedies | Reinstatement, compensation, quashing termination |
7. Conclusion
Summary termination of services merely on the registration of an FIR without following due process violates the principles of natural justice and service jurisprudence. Courts have consistently held that procedural safeguards cannot be bypassed. The FIR is only the starting point of the criminal process and does not determine the employee’s guilt or misconduct. Authorities must conduct a proper inquiry and provide a fair opportunity before terminating employment.
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